Cal. Code Regs. tit. 22 § 51023

Current through Register 2024 Notice Reg. No. 19, May 10, 2024

Section 51023 - Informal Level of Review

(a) If the hearing officer determines that an informal level of review is appropriate, it shall be ordered and scheduled as soon as reasonably possible. The hearing officer, or a hearing auditor designated by the hearing officer, shall preside at this informal level of review.

(b) Written notice of the time and place of informal level of review shall be mailed to each party at least 30 calendar days before the date of the informal level of review. This period may be shortened with the consent of the parties. Any party may waive notice. This notice may be combined with the notice of formal hearing.

(c) Efforts shall be made to resolve the facts and issues in dispute in a fair and equitable manner, subject to the requirements of state and federal law. Matters in dispute, raised in the provider's Statement of Disputed Issues pursuant to Section 51022, which are not discussed or raised at the informal level of review shall not be deemed waived.

(d) The proceedings at the informal level of review shall be electronically recorded unless the parties agree otherwise.

(e) The results of the informal level of review shall be:

(1) Served on the parties, within a reasonable time, in the form of a written Report of Findings or Pretrial Order.

(2) For Institutional providers, the report of findings shall be considered as final unless the provider submits written request for a formal hearing in accordance with Section 51024.

Cal. Code Regs. Tit. 22, § 51023

1. Amendment filed 10-11-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).
2. Amendment of subsection (c) filed 7-15-85; effective thirtieth day thereafter (Register 85, No. 29).

Note: Authority cited: Sections 14105, 14124.5 and 14171, Welfare and Institutions Code. Reference: Section 14171, Welfare and Institutions Code.